Dog Bite Claims in New York
The law changed in April 2025, and most websites still have it wrong.
If you looked into this before, you were probably told something like: "New York only allows a dog bite claim if the owner knew the dog was dangerous. You cannot sue for negligence."
That was true for nineteen years. It is not true now.
What actually happened
For nearly two decades New York followed Bard v. Jahnke (2006), which held that an injured person's only route was strict liability — and only if they could prove the owner knew or should have known the dog had "vicious propensities." If you could not prove that knowledge, you lost. An ordinary negligence claim was barred outright.
On April 17, 2025, in Flanders v. Goodfellow , the New York Court of Appeals unanimously overruled that rule. The Court overruled Bard "to the extent that it bars negligence liability for harm caused by domestic animals," and reinstated the plaintiff's negligence claim.
What this means for your case
You now have two possible routes, and you may pursue both.
Route 1 — Strict liability (still available)
If the owner knew or should have known the dog had vicious propensities, they are strictly liable for the harm it causes.
Important: a prior bite is not required. New York was never truly a "one-bite state" — the Bard court itself called that label a misnomer. Growling, snapping, lunging, baring teeth, or the way the owner restrained or warned about the dog can all establish the necessary knowledge.
Route 2 — Ordinary negligence (new, as of 2025)
Even if the dog had no history at all, the owner may be liable if they failed to exercise reasonable care — for example, by failing to control or restrain the dog where a reasonable owner would have.
Why this matters more than it sounds
Under the old rule, the defense in most dog bite cases was simple: the dog had never bitten anyone before, so the owner had no knowledge of vicious propensities, so the case fails. That argument ended a great many valid claims.
It no longer disposes of the case by itself. The dog's clean history is still relevant to strict liability — but it is not an answer to a negligence claim.
If you were told you had no case under New York's old dog bite rule, that assessment may now be wrong.
What the law still requires
- The negligence standard is still developing. Flanders is recent, and the Court did not define exactly what reasonable care requires of a dog owner in every circumstance. Lower courts are working that out now.
- You still have to prove the case. A change in the available legal theory is not the same as an automatic win.
- Agriculture & Markets Law § 123 provides strict liability for medical costs only, and only after a dog has been formally adjudicated a "dangerous dog." It supplements the common-law claims; it does not replace them.
Deadlines. Generally three years from the date of the bite (CPLR 214[5]).
If the bite involved a City employee, City property, or a municipal entity, a 90-day notice of claim may apply — a very different deadline, and an easy one to miss. Deadlines vary and exceptions apply. If you think one may be running, do not wait for a response before seeking counsel.
What to do after a dog bite
- Get medical care immediately. Bite wounds carry serious infection risk, and the medical record is also the evidentiary record.
- Report the bite to the local health department or animal control. This creates an official record and may establish the dog's history.
- Identify the dog and the owner — name, address, and anything known about the dog's history.
- Photograph the injuries, repeatedly as they heal, and the location.
- Get witness contact information before people scatter.
- Do not give a recorded statement to the owner's insurer.
- Do not accept a quick payment in exchange for signing a release.
Frequently asked questions
Is New York a "one-bite state"?
No. That label was always inaccurate, and after Flanders v. Goodfellow (2025) it is doubly wrong. A prior bite has never been required to prove an owner knew of a dog's vicious propensities, and as of 2025 an ordinary negligence claim is available regardless of the dog's history.
Can I sue for negligence in a New York dog bite case?
Yes — as of April 17, 2025. The Court of Appeals in Flanders v. Goodfellow overruled Bard v. Jahnke to the extent it barred negligence claims. For the nineteen years before that, the answer was no. Many websites have not updated.
What if the dog never bit anyone before?
Under the old rule that was often fatal to the claim. It is not anymore. The dog's history still matters to a strict liability theory, but a negligence claim does not depend on it.
How long do I have to file?
Generally three years (CPLR 214[5]). Shorter deadlines can apply if a municipal entity is involved.
What if the dog's owner is a friend or family member?
These claims are typically paid by a homeowner's or renter's insurance policy, not out of the owner's pocket. That is what the policy is for.
Talk to a litigator about your dog bite claim
The law on these cases changed in 2025. If you were told before that you had no case, it is worth a second look.
Vorontsov Law Firm PLLC · 1599 E. 15th St., Ste. 4, Brooklyn, NY 11230
Related: Personal Injury
